court said the case's biggest focus is on high sea pilots in the end the company with the existence of labor relations. In this regard, high sea-General company argued, was due to apply for an AOC, although signed with the pilots' labor contract In addition, the pilot of the original company violates the commitment not to transfer procedures for employees, caused the plaintiff can not obtain a qualification, business plans come to nothing, so pilots do not exist with labor relations.
contractor case the judge said that although the pilot was , and the other pilots because of job-hopping,[url=http://www.in-moncler.com/]Cheap Moncler Jackets[/url], triggered by the resignation of the dispute is different, because the agreement between the two airlines the right to cause their own damage, was For the reason, the judge analyzed that the pilot's human resources is high, according to statistics, a pilot training costs at least 1.24 million yuan, and the qualification is also very harsh, causing the pilot rare, with a high scarcity, based on this, Shanghai Hao Hai General Aviation Co., Ltd. was with General Aviation Co., Ltd. Guangdong pilots to help them negotiate the transfer of six to achieve civil aviation business license, and ultimately lead to disputes.
original owner --- pilot Guangdong General Aviation Limited has countered that he was originally Haohai shareholders, to meet the high sea to obtain civil aviation business license, ordered to have the appropriate qualifications of pilots and maintenance personnel transferred to the company. The pilots have been contracted to provide services to high sea, high sea company has also received some benefits, so the pilot's wages should be paid by the high sea. The collective complaints six pilots said that when they are in Guangdong General Aviation Co., Ltd. Under the arrangement, and the high sea the labor contract,[url=http://www.in-moncler.com/]Cheap Moncler Jackets[/url], has been provided by operating activities for the company's services.
the existence of labor relations
verdict: The company was established with the pilot labor relations
repeated unsuccessful negotiations, including six pilots at the end of May 2009 to Jin Wanzhong cutting sectoral collective arbitration, the Arbitration Commission subsequently ruled that the pilot asked to pay high wages and sea food subsidies. Howard refuses to accept the sea, in September 2009 to the Bay Area courts.
Southern News correspondent correspondent Zhang Liang Yang Xiang Zhu Danjun and red, like migrant workers, equipped with special skills of the pilots was fired, and sometimes escape the wages of the Shanghai Hao Hai General Aviation Co., Ltd. (hereinafter referred to as high as the sea) to apply for civil aviation pilots license assemble sufficient number of general aviation to the Guangdong Province (hereinafter referred to as the Guangdong general) seconded the part of the pilot, a year later dismissed by the This lead to disputes. Southern reporter from the Golden Bay, the court accepted the case was informed that a total of 24 pilots involved in the dispute, of which 6 were in September last year the airline group to apply for labor arbitration, wage claims. Recently, the Court of First Instance ruling Golden Bay lost two airlines, a common compensation six pilots more than 30 million.
According to the Court introduced a year ago, General Aviation Co., Ltd. Shanghai Hai Hao legitimate civil aviation in order to apply for business license, complete with the corresponding pilot and crew, was made one of the shareholders --- General Aviation Co., Ltd., Guangdong Province, to borrow a 24 pilot. End of April 2008, a new owner --- pilot and the sea are Shanghai Hao signed a labor contract, labor relations agreement from May 2008 until April 30, 2011 only. In the meantime, pilots from the high sea to pay wages and related benefits.
cause: to obtain a license to borrow pilots
Focus
but for six pilots, the short term is still difficult to get back wages. It is understood that due to the Guangdong General Aviation Co., appealed his conviction last week filed an appeal, the case needs further investigation.
Golden Bay,[url=http://www.in-moncler.com/]Cheap Moncler Jackets[/url], the court concluded that the pilot has been signed with the high sea labor contract, during which the contract by paying the labor, but also high sea revenue generated by charging labor, found high sea with six pilots established labor relations; Guangdong General Aviation Co.,[url=http://www.in-moncler.com/]Cheap Moncler Jackets[/url], although not the main body of the labor contract, but the pilot and the high sea of labor relations established under his direction, thus damage to the pilot, third parties should be jointly and severally liable. Then the Court of First Instance sentenced the high sea of Guangdong General Company together with the joint and several liability, the total 30 million yuan.
make these pilots surprise, in May 2009,[url=http://www.in-moncler.com/]Cheap Moncler Jackets[/url], the contract has not expired, ho unilaterally announced the lifting of the sea is not only a labor contract, but also owed their December 2008 to May 2009 the last six months wages, unpaid so far.
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